NCJ Number
178719
Date Published
1998
Length
566 pages
Annotation
Conference sessions examine trends in the development of criminal justice systems and criminal justice policy throughout Europe compared with Western countries.
Abstract
The theme of the conference, subtitled "From Diversity to Rapprochement," derives from the assumption that criminal justice systems in the world's major legal systems, notwithstanding their diversity, are moving toward rapprochement (similarities). Six factors leading to this rapprochement are reflected in the conference's six sessions. First, in a global world society, information about various legal systems is accessible to elites and also to the popular masses; this enhances information dissemination, so that comparison and emulation are inevitable. Second, the development of international regional human rights norms have impacted national legislation and judicial decisions. The consequence has been that criminal procedures change to conform to regional and international human rights norms. Third, most countries have been gradually moving toward constitutionalism. A comparative content analysis of the world's national constitutions shows similarity in national constitutional norms concerning individual rights. Fourth, in the last 50 years, most societies experienced an increase in the volume of criminality while their legal systems have been unable to cope with the increase in the volume of criminality and all of the attendant consequences. Fifth, the establishment of two ad hoc international tribunals and the elaboration of a statute for a permanent international criminal court have fueled an international effort at criminal procedure codification that reflects the world's major legal systems. Sixth, contemporary experience in legislative practices and codification throughout the world has shown a greater sense of pragmatism. Consequently, criminal procedure, codification, and legislation enacted in the last 20 years have been less influenced by dogmatism. Appended conference program and a list of participants